BILL NUMBER: SB 1978	AMENDED
	BILL TEXT

	AMENDED IN SENATE   MAY 1, 2000

INTRODUCED BY   Senator Hayden
    (Principal coauthors:  Senators Polanco and Vasconcellos)


                        FEBRUARY 25, 2000

   An act to add Section 10108.8 of the Public Contracts Code,
relating to correctional institutions.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1978, as amended, Hayden.  Department of Corrections:
telephone service contracts.

   Existing law imposes specified procedural and substantive content
requirements on contracts entered into by state agencies, including
the Department of Corrections.
   This bill would state findings and declarations of the Legislature
with regard to the availability and cost of telephone services to
inmates within the custody of the Department of Corrections and wards
of the California Youth Authority, and would provide that any
contract to provide telephone services to wards of the Department of
the Youth Authority or to inmates in state prisons shall be
negotiated and awarded in a manner to provide for the lowest possible
costs to wards and inmates, and to pay for any expenses of the
Department of Corrections and the Department of the Youth Authority,
 as well as for the reasonable costs of the Department of General
Services for establishing and administering any necessary telephone
contract,  and profits to these departments or the state shall
not be a basis for awarding a contract.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  The Legislature finds and declares the following:
   (a) The California prison system is comprised of 33 institutions
that are often located in remote locations, making it difficult for
family and friends to visit inmates.
   (b) Studies, advocates, and incarceration experts have concluded
that inmates who remain in contact with family and loved ones are
less likely to pose a threat to prison staff or to reoffend once
released.
   (c) Collect phone calls are often the only means by which the more
than 160,000 inmates confined in the California prison system can
directly communicate with family, friends, and loved ones.
   (d) The State of California contracts with vendors through a
prescribed bidding process to provide telephone service to prisons
while maximizing its economic return through telephone concessions
agreements.
   (e) Billing rates for collect telephone calls from prisons include
a 33 to 43 percent commission beyond the provider's costs, which in
1998 generated $16 million for the General Fund of the state.
   (f) The excessive rates resulting from the state commission for
collect telephone calls made from prisons makes it difficult, if not
impossible, for inmates to remain in regular contact with family
members and loved ones.
   (g) Therefore, it is the intent of the Legislature to assure that
affordable telephone services are available for inmates within the
custody of the Department of Corrections and wards of the California
Youth Authority, and their families and loved ones.
  SEC. 2.  Section 10108.8 is added to the Public Contract Code, to
read:
   10108.8.  Any contract to provide telephone services to wards of
the Department of the Youth Authority or to inmates in state prisons
shall be negotiated and awarded in a manner to provide for the lowest
possible costs to wards and inmates, and to pay for any expenses of
the Department of Corrections and the Department of the Youth
Authority,  as well as for the reasonable costs of the Department
of General Services for establishing and administering any necessary
telephone contract,  and profits to these departments or the
state shall not be a basis for awarding a contract.